By Louis M. Manzo November 30, 2020
The Thanksgiving week break provided a good time for the President’s legal team to get their act together. But instead, things got worse. They handed a turkey over to a Federal District Court Judge—it was their pleadings.
By Louis M. Manzo November 28, 2020
It took me a while to put pen to paper before writing this column. Mainly because the reaction to this content will be skepticism. I cannot fault anyone for such reaction. The narrative here reads more like a John Clancy novel or the script from an Oliver Stone film.
By Louis M. Manzo November 24, 2020
Attorney Sidney Powell predicted that her soon-to-be filed case on behalf of the President’s election legal battle would be “Biblical.” But little did she know it would be the Book of Exodous.
On Sunday evening, the President’s legal team announced that the prominent attorney was no longer part of the gang. Team captain Rudy Giuliani made it clear in syrupy language, “Sidney Powell is practicing law on her own. She is not a member of the Trump Legal Team. She is also not a lawyer for the President in his personal capacity.” (more…)
By Louis M. Manzo November 16, 2020
.
“Every vote must be protected from the diluting effect of illegal ballots.”
—SCOTUS
.
First, a bit of a primer: An allegation in a court filing is just that—not a fact. Evidence in a court filing, in support of allegations, are not facts. The court determines what is fact after weighing the allegations and evidence. But there is some evidence that a court can declare as fact, without any formal presentation of evidence or argument—this is what is known as judicial notice.
.
In filings in Federal District Courts in Pennsylvania and Michigan, the President’s lawyers have argued that their evidence and the law should compel the Court to enjoin the Secretary of State’s Offices in both States from certifying the 2020 election results because of massive fraud in the election process.
.
I have spent several days reviewing the filings, some of the evidence referred to by lawyers, and the applicable State laws and sections of the United States Constitution. I have also reviewed select case laws cited in support of the President’s lawyers’ arguments. I have consulted with election and civil rights attorneys.
.
The thesis and the supporting Constitutional arguments in Pennsylvania and Michigan are the same. Similar filings in other States will be made over the course the next several days. All it takes is for one District Court to rule in favor of the President’s argument and it is almost a guarantee that the other cases land in the Supreme Court on appeal, from one litigant’s side or the other. Read on to find out why there is a better than fifty-percent likelihood that the President’s argument will succeed. (more…)
